good morning, everybody. thank you for joining us. i'm jon kelley. >> i'm marla tellez. san francisco police are asking for your help in solving a mystery. police are searching for a man who first reported seeing a woed in a missing stairwell in san francisco general hospital. after telling a supervisor, that man disappeared. nbc bay area's christie smith is live at san francisco general now with an update on this mysterious investigation. good morning, christie. >> good morning to you, marla. yeah, we're learning a little more about what happened here. that man was actually locked out on a fifth floor stairwell, an exterior stairwell. when he got back in after banging on the door, told the

nursing supervisor that there may have been someone laying down or sleeping below. four days later the body of 57-year-old lynn spalding was found in that same exterior stairwell on october 8th. nearly three weeks after she disappeared from her hospital room at sf general. there were no signs of foul play. she was being treated for a bladder infection, and that man may have been the last person who saw her. ucsf police and san francisco police are trying to find him. he may have had on a ucsf name badge, possibly a resident or other worker. now here at sf general they're checking through hundreds of hospital id's, but so far no luck finding him. a spokesperson for sf general shared this morning what he told that supervisor when he got back inside. >> then he said, bowe, by the way, it looks like there's someone down -- further down on the stairwell. maybe asleep or, you know, not sure, but it looks like there's someone down there. that isn't completely out of bounds of what could happen.

we do sometimes have people who seek shelter in our interior areas of our hospital that might be asleep or might be looking for shelter, so she said thank you, and called the sheriff's deputies to check that out. >> now a spokesperson for the sheriff's department which actually runs security at the hospital says they are still looking into who checked into what. they hope to have preliminary answers in a week and a half. the hospital says that it made more than one request to search the grounds while lynn spalding was missing. the man that they are looking for, that possible witness, is an asian male, 30 to 40 years old, 5'8" tall. medium build. possibly wearing a blue dress shirt and a tie. a hospital spokesperson says that they're hoping that that person might come forward or if anyone knows who that person is, that they might give san francisco police a call. reporting live in san francisco, christie smith, nbc bay area news. >> christie, thank you very much. a lot of emotion and heart break surrounding this one. there's another demonstration and vigil being planned tonight

for 13-year-old andy lopez in sanity why rosa. this rally comes after hundreds of people attended a funeral mass last night for him. for many the grief was semplly overwhelming as friends and family placed the boy's casket in the back of a hearse. he was shot and killed by a son olympic wra county sheriff's deputy just last week. the deputy, he thought lopez's replica rifle was a real ak-47. parents, they say shooting -- this shooting sent a wave of sadness and fear throughout the community in santa rosa. >> i've had -- i don't want that to happen with my kids. >> i don't want my daughter to have to grow up with this happening to her in the future and to her friends. i don't want this to happen. basically to change in our community. >> the mourners say they are standing with the lopez family demanding justice for a shooting they say should have never happened. the fda also involved in this one, now conducting an independent investigation into the shooting.

a private funeral service will be held this afternoon for the menlo park couple killed by a suspected drunk driver. police say the couple were walking their dog last thursday night when they were hit and killed by marjorie ritzel. she's expect to be arraigned in court today. now, she was supposed to appear yesterday, but her arraignment was pushed back for the second day in a row because of health issues. the san mateo county district attorney says ritzel complained of chest pains and prosecutors are handling her situation "day by day." while today's funeral service is private, a public memorial for the victims will be held tomorrow in hayward at the chapel of the chimes. today officials in alameda releasing more information about the discovery of more than a dozen seniors allegedly found without adequate care at a castro valley nursing home. over the weekend deputies removing 14 elderly patients from the valley springs manor care facility. they say the patients have been left there wonl three staff

members for two straight days. the rest of the employees left after the state temporarily shut down that facility saying staff was not properly trained and the facility was just dirty. the facility owners, the attorneys for them, say the clients, while they may not agree with the state's findings and the facility was, in fact, properly staffed. this morning levi stadium in santa clara is getting the green light to step up security. the city council approved spending $200,000 on background checks for new police officers to help patrol the new stayed wrum. the city says it plans to hire more than 100 officers for shifts during 49ers games and concerts. when the stadium opens next year. those officers will earn $55 an hour. to apply, candidates have to either be a current or retired police officer. off duty santa clara pd will be given first choice for eligible shifts. sflimplts well, people who live in the normally peaceful mountains of los gados are

banding together to fight an uptick in crime that's hitting close to home. more than 200 people showing up at this safety meeting with the santa clara county and santa cruz county sheriff's deputy. this meeting happened last night. authorities say at least nine homes have been broken into in just the past month. deputies telling that crowd it's very important to talk to your neighbors and look out for one another. >> education is key, and if we can tell them what to look for, how to better protect themselves, it makes less chance of them being a victim in the future. >> it's going to take an effort by the neighborhood to keep an eye out and help the police track these people down. >> well, some of the i mean that went to that meeting say they plan to get together in smaller groups to talk about ongoing issues and also to get to know their neighbors a little bit better. south bay city is locked and loaded ready to take on the nra. people in sunnyveil will vote on a measure next week. if passed, it would tighten gun laws in sunnyvale and lead to a

lault. it would require gun owners to lock up their weapons when they're away from home, and report a stolen gun within 48 hours. it would also require detailed information on ammo sales and would ban all magazines holding more than ten rounds. if passed, the national rifle association has said it would sue sunnyvale to block the laws. a move gun advocates in the city support. >> i think it's big government mentality on a small level. for laws to be effective, they need to be statewide or country-wide for them to have a real impact. >> if this passes, you're okay with sunnyvale getting sued by the nra? >> yeah. no one likes to get sued, but that's their typical, you know, way they do business. they're a bully. they act like bullies. >> sunnyvale's mayor also says that the new laws do pass, then will he help the city of mountain view put a similar measure on its ballot next fall. in washington d.c. the president's top health official telling lawmakers the buck stops

with her and she is the one responsible for the troubled launch of the health care.gov website. health and human services -- her testimony coming as a list of republicans call for her resignation. here's more from capitol hill. >> reporter: president obama's top health official started with more apologies. >> let me say directly to these americans, you deserve better. >> reporter: cathleen's testimony marked the second day in a row that house members rounded up obama administration officials over the health care.gov debacle. >> who was in charge as it was being built? >> hold me accountable for the debacle. i'm responsible. >> reporter: the health and human services secretary assured lawmakers technical problems with the site would be fixed by november 30th and tried to calm privacy concerns. >> the highest security standards are in place, and people have every right to expect privacy. >> there was a security breach that arose recently. >> and we immediately corrected that problem.

>> reporter: she also took fire for promises made by the president, that individuals who liked their insurance could keep it, after reports millions are being forced to find new plans. >> why was that change made, and did the president know of it? >> there was no change. >> reporter: she insisted many are grandfathered into old plans, and those who aren't will get better coverage. president obama will likely make similar arguments as he heads to boston today. he is expected to tell the american people the implementation of obama care may have been rocky, but it will be worth it. in washington, i'm danielle lee, nbc news. well, still to come, uber is getting a whole lot of criticism as its national cat day event was not meeting expectations. we will explain coming up. plus, a strange smell coming out of some computers people are blaming it on the family pet. we'll look into this coming up in business and tech. i'm bob riddell. we'll go inside the oracle areason wra. we're just hours away from tipoff from the golden state

warriors, versus the los angeles lakers. sell-out crowd. that preview coming up. >> swoosh. good morning to you. i'm meteorologist christina loren. now, temperatures are climbing nicely. i'll show you who fell below the freezing mark earlier this morning, and what's in store for your trick-or-treating forecast. that's all krip when nbc bay area news at 11:00 comes right back. to those who've waited...

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tonight it is the real deal. time to play games that count. the golden state warriors suiting up for their first regular season game of the nba season. >> our one and only bob riddell is inside oracle arena. he has a preview of the excitement surrounding tonight's billing game against the lakers. >> just over eight hours. tipoff here. center court oracle arena at 7:30 tonight. the warriors taking on the

lakers, and they are expecting a full house. there are almost 20,000 seats here inside oracle arena. they are sold out. this is the 39th time in a row if you include last season that the warriors have sold out a game. everyone coming into the arena today will be getting one of these. you can see they have these all neatly laid out on the back of the seats. one thing you'll notice that's different this year, they've added a second row of courtside seating, and if you look up and see north end you'll see those white yellowish skons lights. those are some new type of club seats or theater box seating. it's more intimate than the suites that normally hold 16. these hold four people. you get your private chef, your own bathroom, and, of course, a wonderful view of all the action. again, the warriors taking on the lakers. what's interesting is that they just saw the lakers. they had to go to china to play them, but that was a couple of weeks ago for the 2013 nba global games in which the warriors beat the lakers twice

overseas. there are many reasons why there's so much interest in the warriors this season. why they are selling out that first fwam, as i mentioned, and you've got the momentum from last season, and only the second time in 19 years. the warriors advance to the western conference semifinals. you have curry, who depending on which sports club you believe, is ranked anywhere from in the top 50 players in the nba to all the way to the top six players. even those within the sport, the general manager of all the teams and the nba, they are recently surveyed, and the team they picked as the most exciting to watch this season, you got tshg the golden state warriors. okay. jon, you'll recall that you and i are even money from the betting we had on my shots earlier this morning, and i know you want to make $50, so i'm right here in the corner -- top of the key. >> oh, money. >> i will take it. let's see. i'll take one $20, two $10s, and

two $5s. i'll get it tomorrow morning. tipoff at 7:30. warriors and lakers here at the oracle arena. bob riddell, nbc bay area news. >> that's why we call him big money riddell. he did not have that knee injury, would have had a nice nba career. probably first round draft pick. great job. i owe you. we heard from the warriors too, turns outs they do have a few extra tigts left. you can find them at warriors.com. bob won't be there, though, sorry. >> he needs water, i think. >> oxygen. >> san mateo police department is going green when it hits the streets. the department is replacing the fleet of gas-powered motorcycles with electric motorcycled. similar to the ones you see here in this video. a fully charged bike is expected to last an entire shift. i all part of san mateo's goal to lower its carbon footprint, and also reducing noise. the zero motorcycle from scotts valley produces the electric motorcycle, and it's also by

scotts valley police and san jose state pd wrrn. >> you ka could say it's a bad case of cat scratch fever. after they campaigned away to give away three fee lines did not quite meet expectations. national cat day, it was just yet, and to help celebrate uber offered kittens on demand in san francisco, seattle, and new york. nice idea for $20. the company would deliver a cat right to you that you can snuggle up with. one major problem. there weren't enough cats to go around. very upset uber users jumping right in action unloading on twitter. one posted this photo with the caption here no kittens available? you are dead to me, uber. while one new yorker posted this uber kitten shortage is really harshing my vibe. >> people love their fee lines, huh? i'm allergic to them. some dell users, meanwhile, seem to have gotten the wrong end of the cat. >> a little nasty here.

scott mcgrew. complaining of a litter box smell coming from their computers. >> yeah. good morning. the support forms for dell computer filled with complaints this morning that a new model of dell smells strongly of cat urine. one user says he gave his cat away because he assumed the cat was using the keyboard as a litter box. dell acknowledges the problem and says, you know what, it's not the cat's fault. there's something odd with the manufacturing. facebook reports its profits after the end of trading day today. that stock settled into good growth. they seem to be solving mobile. reviewers have started to turn in their reviews of the new apple ipad air, which goes on sale friday. the "wall street journal" says it's the best tab let he has ever seen. david poge, who was with the "new york times", but is moving to yahoo, says if you have never owned an ipad, this is the one to buy. or, he says, if you are

upgrading from the old original ipad, this is a good one to buy as well. if you have any other ipad, he says hold on to the one you got. back to you. >> you have the new iphone. now you can get the new ipad. >> baby steps. baby steps. i just fwot to take one thing at a time here. don't want to hurt myself. >> tomorrow is halloween, and a small city in georgia is getting a lot of attention after it issued some strict rules for halloween. sdoo halloween rules. come on. well, the city of waynesboro. trick-or-treaters must be 12 and under. >> are they going to check id at the door? >> how are you going to police this one? >> too tall to be a 12-year-old, kid. must wear a costume and an adult over 21 must accompany the kid. now, they also say halloween ends at 8:00 p.m. come on. we got until midnight. the city is not exactly saying what will happen to people who break those rules or as you smartly point out, how do you enforce that? >> you don't. >> when it comes to trick-or-treating, there are a few candies that will be in high

demand. the national confectioners association says in the past year receese was the most best selling candy. next was m & m, hershey's, and kit cat. if you come to my house, you're going to get some reese's peanut buttercups. >> you are going to have an onslaught. >> yeah, people are alleges banging down my door. >> they are. i want to know how you become a member of the national confectioners association. eat candy all day? >> i guess so. >> a little chocolate, reese's, et cetera. >> the chocolate won't melt in the sun here. good morning to you jon and marla. good morning to you at home. i want to start with the live picture. 101 through san rafael. this is one of theçó coldest sps across the bay area. now, we hit the coldest reegsdz that we've seen so far this season. temperatures are still running cool as a result. take a little while for the cool air to mick out, but the sun is

out in full force as of this point, and it's all up hill from here. we're expecting temperatures to really climb as we head throughout the day today. in fact, in some cases they're going to climb by about 39 degrees. approximate 3 1 this morning. that's below freezing. up to 70 degrees later on. ocean beach hit 47 degrees. you're expecting about 64 degrees. dublin, 73 up from 37 earlier. here in san jose, it was still chilly at 43 degrees. we're going to climb by 25 agrees as we head throughout the day today. hitting a nice comfortable 68 to finish off. 66 for free mobt. 70 in napa, and 70 degrees down in gilroy. all right. let's get right to it. what a weather treat we have for you. the kids get to wear their costumes to school tomorrow, and it will be comfortable for that 77 degrees inland. 71 bayside. 63 at the coast. temperatures start to drop off, and the sun sets at about 6:15, and it will get chilly pretty quickly. you do want to keep that in mind. overall, though, our afternoons keep getting warmer all the way through friday.

we have a good-looking weekend setting up, and that's only to be topped by an extra hour of sleep as we head through sunday. i can taste it already. it tastes delicious. zoob yeah, it does. we love our sleep around here. >> that's an extra treat to go along with all that candy and the rocks i get in myback bag. >> coming up on the 11:00 a.m. show, caught on camera. a south america surfer -- this guy is unbelievable -- hailed as a hero as he jumped into harm's way to save a fellow surfer, and that wasn't his only big accomplishment of the day. >> show off.

on howl waen eve we have a real life superhero to tell you about. a brazilian surfer saves a woman's life and possibly breaks a world record in the very same day. that is a good day. now, it happened on monday off the coast of portugal. a windsurfer -- a woman was out

under the waves unable to recover. carlos jumps on the jetski and rides out and saved her life. he actually carried her back to shore. she suffered a broken ankle, but the good news, she is recovering and feels pretty good. now, on that same day, he got bored just saving lives. he also recorded a record high wave said to be more than 100 feet high here. the guinness world record is trying to measure it to make sure this is a new world record for the biggest wave ever surfed. you are my hero. >> he is the man, for sure. another guy that we like around here, this guy. the 49ers are on a bye week this week, but head coach jim harbough is not taking a break. this morning harbough will be teaching football fundamentals to a youth football team at the 49ers practice facility in santa clara. >> how awesome is that? >> it's part of an ongoing campaign by visa that gives fans a chance to win once in a lifetime nfl experiences.

that would be awesome to be a little kid and being coached by him. >> that's good stuff. giving it back. >> still to come, they could be the best marching band ever. >> this is awesome to watch. we'll show you some moves going down during halftime during an ohio state football game. worth stick around.

height high state mamping band is famous. rightfully so. moonwalking. moonwalking. >> that's not computer-generated. that's real. >> the band marches its way to amazing formations. that was a scene out of superman, and then michael jackson. there's a dinosaur. pac-man. harry potter on a broomstick. >> here's how they do it. >> they use an ipad app to learn these things in less than a week's time. >> that's not your grandfather's band. they play good music too. >> next newscast at 5:00 tonight. have a great day. [chris]still smoking up a storm?

[tom]yeah.pathetic,isn't it? [chris] ever try to... [tom] quit?of course! my best time was six days. the worst was ...uh...23.4 seconds. [chris] so can i ask you... [chris & tom] why are you still smoking? [tom] [sarcastic] "it's so much fun." [chris]why not call the smokers' helpline? the program's free,and... [tom]and they'll tell me..."you oughta quit." [chris] not so. just tell them you're ready to quit.

then,they'll tell you how. [tom] really? you wouldn't have that number on you,would you? i certainly appreciate your candor. [whinnying and nickering] [computer beeps] - were you just skyping with a horse? - not "a horse," lemon. rafalca, mitt romney's champion dressage mare. - sure. - she answers yes or no questions by eating either an apple for "yes," or a carrot for "no." if she eats both, that means "life is full of unknowable gray areas." remarkable animal. and thanks to rafalca, i am now fully briefed on the romney campaign's latest setback. did you see the news this morning? - i saw ttoday show. so i know how to make an autumn pizza that your teen will love. - paul ryan dropped out of the race last night. - what? wow, why? - turns out he was actually born in kenya. not a lot we could say about that one. - so who's romney's running mate going to be? - rafalca assured me that an announcement would be made later today, or...